Plaintiff May Serve Deposition Notice – 20 days after service of Complaint. [CCP 2025.210]

Subpoena for Personal (medical) records – Must be served on consumer at least 15 (in actuality 20) days before date of production. [ CCP § 1985.3(d) incorporating CCP 2020.220(a)]. The subpoena may not be served on records custodian until at least five days after service on consumer. [CCP § 1985.3(b)(3)]

Subpoena for Employment Records – Must be served on the employee 10 days before date for production (in actuality 20 days before, see below), 5 days before service on the custodian of records. [CCP § 1985.6(b)(2)&(3).] Must be served on records custodian 15 days before date of production.

Discovery closes before trial: 30 days before trial – or 15 days before arbitration. [CCP 2024.020]

Last Day to Hear Discovery Motions – 15 days before trial. [CCP 2024.020]

Practical Last Day to Serve Discovery (and be able to make a motion on it) – 90-100 days before trial.

Deposition Notice – Defendant may serve any time. Plaintiff must wait 20 days after service of Summons and Complaint to serve. [CCP 2025.210]

Depositions - Must be set at least 10 days in the future (+5 days if the notice is mailed - CCP 1013). [CCP 2025.270].

Depositions With Records Requests - If seeking “personal records” of a “consumer” the procedure differs depending on whether one is taking the deposition of a party (plaintiff, defendant, cross-defendant, etc.) or a non-party witness:

For parties to the lawsuit - no subpoena is necessary, and the party can be compelled to produce “personal records” with only 10 days notice. [CCP 2025.270] (+5 days if the notice is mailed - ccp 1013).

For non-party witnesses – A subpoena must be issued at least 20 days before the deposition. [CCP 2025.270] (+5 days if the notice is mailed - ccp 1013)

Trial

Experts Must Be Demanded - 70 days before trial (or within 10 days of setting trial date, whichever is closer to trial date). [CCP 2034.220].

Experts Must Be Disclosed - 50 days before trial (or 20 days after service of demand, whichever is closer to trial date). [CCP 2034.230].

998 Offers to Compromise – Can be made up until 10 days prior to trial. [CCP 998].

Notice to Appear at Trial (to party) [No documents] – 10 days before trial, send notice with time and place to attorney. [CCP § 1987(b)].

Notice to Appear at Trial (to party) [With documents] – 20 days before trial, send notice with time and place to attorney. [CCP § 1987(c)].

Objection to Notice to Appear At Trial With Documents – 5 days “or any other time period as the court may allow” [CCP § 1987(c)].

MOTIONS

Noticed motions – must be served and filed 16 court days before the hearing date (+ 5 more calendar days if served by mail) (+ 2 more if served by fax, express mail, or overnight delivery). [CCP 1005] Note: CCP 1013 does not apply.

Opposition to noticed motion – must be filed and served 9 court days before hearing. [CCP 1005].

Ex Parte Motion – Opposing party must be notified by 10:00 A.M. the day before the hearing, absent “exceptional circumstances.” [CRC 3.1203]. Note: This is a minimum. Check local rules for more strict notice periods.

Manner of service: “Notwithstanding any other provision of this section, all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed.” [CCP 1005(c)].CCP 1013: “…The service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States.”

Motions for Summary Judgment – Notice is 75 days before hearing (+10 if outside CA, +20 if outside US) [CCP 437c(a)]. Opposition is 14 days before the hearing [CCP 437c(b)(2)]. Reply is 5 days before hearing. [CCP 437c(b)(3)].

STATUTES OF LIMITATIONS

Medical Malpractice – 3 years from the date of injury, or 1 year after the plaintiff discovers the injury, whichever occurs first. [CCP 340.5] Note: You must give 90 days notice of intent to sue. [CCP 364]. Note: Statute may be tolled by (1) upon proof of fraud, (2) intentional concealment, or (3) the presence of a foreign body, which has no therapeutic or diagnostic purpose or effect, in the person of the injured person. [CCP 340.5]

Lawsuits Against Public Entities (Like Cities or Counties) – Must file a claim within 6 months. Then you have 6 months from date of the rejection letter to file a lawsuit. [Cal. Gov Code 910, 910.2, 911.2, 911.4]

Late Claims Against Public Entities – If a claim is not presented within 6 months, a written application to present a late claim may be filed. However, the application must be presented within a reasonable time, not to exceed 1 year from date of the accrual of the cause of action, and must state the reason for delay in presenting the claim. [Cal. Gov Code 910, 910.2, 911.2, 911.4]

If Public Entity Does Nothing for 45 Days – The claim is deemed rejected, and the 6 month time limit to file a lawsuit starts to run on the 45th day. [Cal. Gov Code 911.6]

Time Limit to Bring Case to Trial – Five years from the date the lawsuit was filed. [CCP 583.310]